9 S.E.2d 641 | Ga. | 1940
The Court of Appeals requested this court's answer to the following questions, as necessary for a decision of this case, to wit: (1) "Where an award has been made to a claimant for the death of her husband *480 for a fixed sum per week for 300 weeks, is the Industrial Board (where 26 weekly payments under the award are already due and unpaid) authorized, under the provisions of the workmen's compensation act and Code § 114-417, to also direct that the employer and/or insurance carrier pay to claimant's attorneys, as reasonable attorney's fees, 25 per cent. of all compensation awarded the claimant, which amount paid to the attorneys should be in a lump sum, and the employer and/or insurance carrier to take credit for said payment on the compensation awarded at the end of the compensation period, with interest at 5 per cent. on all compensation not yet payable under the terms of the award?" (2) "Where no lump sum settlement is awarded claimant, may the Industrial Board, where 26 weekly payments under the award are already due and unpaid, direct payment of attorney's fees in a lump sum in the amount of 25 per cent. of all compensation awarded, reduced to its present commutable value, and credit therefor be taken at the end of the compensation period?" Both questions are answered in the affirmative.
That the weekly payments to the widow would cease upon her remarriage (Code, § 114-414), and cease altogether upon her death (United States Fidelity Guaranty Co. v. Hairston,
Both questions propounded by the Court of Appeals are answered in the affirmative.
All the Justices concur.